City charter is ripe for reform

It wasn't long after the City Council moved to file for Chapter 9 bankruptcy protection that some civic and community leaders set their sights on the 109-year-old document that serves as the foundation for municipal government in San Bernardino.

Within weeks of the council's July vote to authorize the bankruptcy filing, a movement to send the City Charter to the November ballot surfaced, with some proponents urging repeal of the document and returning the city to general law rules that govern nearly three-quarters of California's 478 cities. Vocal support for the initiative has died down in recent months as the city has turned its focus to more immediate concerns - making payroll, cutting costs and defending itself against creditors opposed to its attempt to gain bankruptcy protection.

But it's only a matter of time before the fate of the City Charter returns to the forefront of the ongoing debate about what's wrong with San Bernardino. And it should. The charter is ripe for reform, but any changes must be thoughtfully enacted with public discussion and healthy debate.

And there's no contradicting the sentiment that something is wrong with San Bernardino. While cities surrounding the county's namesake were likewise hit by the 2008 economic collapse and the crash of a housing market that had been largely responsible for growth in the Inland Empire earlier in the decade, none has been so badly wounded as San Bernardino. Even in Rialto and Upland, two cities also facing serious budget shortfalls in recent years, bankruptcy has yet to enter the picture.

There are any number of theories about what hastened San Bernardino's fall; among the most debated are allegations of years of poor management at City Hall, elected officials making promises to employees that they couldn't keep, and infighting between folks holding various elected offices. Each of these shortcomings have one thing in common - a link to the City Charter.

San Bernardino adopted its first charter in 1905, establishing the foundation on which the city is governed today. In California, 108 cities are governed by their own charters, documents that grant them with broader powers over "municipal affairs," as the state constitution puts it.

San Bernardino is the only large city in San Bernardino County to be governed by charter - Ontario, Rancho Cucamonga and Fontana all are general law cities, hewing to rules enacted by the state. With its charter, San Bernardino can exercise greater control than its neighbors in areas such as establishing elected offices, setting zoning policies and assessing taxes.

But while the charter gives the city autonomy in certain areas, there have been concerns in recent years that some of its provisions inhibit progress in San Bernardino. Most recently, a 2010 attempt to amend the charter would have changed the elected offices of city attorney, clerk and treasurer into positions filled by mayoral appointment. The ballot measure was roundly rejected, criticized by many as a poorly veiled attempt to unseat City Attorney James F. Penman, who has often found himself at odds with other power players in town, such as Mayor Pat Morris.

Going forward, personalities and politics must not play a role in reforming the City Charter. It may well be that the city should scale back the number of elected offices in this city of 200,000, but such a determination should be made only after the careful consideration of community members who have looked at the entire charter and honestly assessed which provisions, if any, should be changed.

In coming weeks, this space will be dedicated to examining several provisions in the City Charter that have been raised as red flags in recent years. In addition to reviewing the number of elected officials, and whether that plays a role in some of the dysfunction at City Hall, the following questions will be considered:

Should San Bernardino's mayor have less influence over the city manager and chiefs of the police and fire departments? Currently, the mayor recommends and the City Council ratifies the appointments to these positions.

Should the city eliminate some of the independent boards and commissions involved in decision-making at City Hall? San Bernardino has unelected boards that provide oversight for the library and water departments, for example.

Should police and fire personnel salaries continue to be set based on the average pay for such jobs in 10 comparable cities?

All of this will lead, the editorial board hopes, to a more thoughtful, well-rounded analysis of the charter and its future.

In the meantime, readers who have thoughts on the provisions outlined above - or any others, for that matter - are encouraged to send them to the board at opinions@inlandnewspapers.com.